Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939052216.pdf (South Africa)
Thursday, 12 August 2021] No 103—2021] THIRD SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ THURSDAY, 12 AUGUST 2021 _____________________ TABLE OF CONTENTS ANNOUNCEMENTS National Assembly 1.

Referral of Draft Bills submitted ...................................................................................... 2 2.
Membership of Committees ............................................................................................. 2 3.

Referral to Committees of papers tabled .......................................................................... 3 TABLINGS National Assembly and National Council of Provinces 1.

Minister of Justice and Correctional Services .................................................................. 3 National Assembly 1.
Speaker ............................................................................................................................. 4 National Council of Provinces 1 1.

Chairperson ...................................................................................................................... 7 COMMITTEE REPORTS National Council of Provinces 1.

2.

3.
2.

3.

Security and Justice ........................................................................................................ 12 Security and Justice ........................................................................................................ 28 Security and Justice ........................................................................................................ 45 ANNOUNCEMENTS National Assembly The Speaker 1.
Referral of Draft Bills in terms of Assembly Rule 276(3) (1) The draft Public Service Laws General Amendment Bill, submitted by Dr L A Schreiber, MP, is referred to the Portfolio Committee on Public Service and Administration, for information.

2.
2.

Membership of Committees (1) The following committee membership changes have been made by the African National Congress: Portfolio Committee on Employment and Labour Discharged: Nkabane, Dr NP Portfolio Committee on Health Discharged: Dhlomo, Dr SM Portfolio Committee on Higher Education, Science and Technology Discharged: Mapulane, Mr MP Portfolio Committee on Social Development Discharged: Gungubele, Mr M Joint Constitutional Review Committee Discharged: Gungubele, Mr M 2 3.
Referral to Committees of papers tabled Please Note: Entries (1) and (2) below replace the entries under Referral to Committees of papers tabled in the ATC of 8 July 2021, published on page 3: (1) The following paper is referred to the Joint Standing Committee on Defence for consideration: (a) 2021 First Quarterly Report of the National Conventional Arms Control Committee (NCACC) for January – March 2021, tabled in terms of section 23(1) (c) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).
(2) The following paper is referred to the Portfolio Committee on Health for consideration: (a) Letter from the Acting Minister of Health dated 28 June 2021, to the Speaker of the National Assembly explaining reasons for the delay in the submission of the Annual Report of the Compensation Fund for Mines and Works for the 2020-21 financial year.
(3) The following paper is referred to the Joint Standing Committee on the Financial Management of Parliament for consideration: (a) First Quarterly Performance Report of Parliament for 2021-22, tabled in terms of section 54(1) of the Financial Management of Parliament and Provincial Legislatures Act, 2009 (Act No 10 of 2009).
(4) The following paper is referred to the Joint Standing Committee on Defence for consideration: (a) 2021 Second Quarterly Report of the National Conventional Arms Control Committee (NCACC) for April – June 2021, tabled in terms of section 23(1) (c) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).

TABLINGS National Assembly and National Council of Provinces 1.
The Minister of Justice and Correctional Services (a) Report dated 27 July 2021, for the removal from office of Ms J F van Schalkwyk, Chief Magistrate, Sub-Cluster Head, Kempton Park, Johannesburg in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).

(b) Draft Regulations 2021 made in terms of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000).

3 (c) Draft Regulations 2021, for approval, in terms of the Legal Practice Act, 2014 (Act No 28 of 2014).
National Assembly 1.

The Speaker (a) Letter from the Minister of Forestry, Fisheries and the Environment dated 05 August 2021, to the Acting Speaker of the National Assembly, explaining the reasons for the delay in the submission of the Annual Report of the Department of Forestry, Fisheries and the Environment for the 2020/21 financial year.

Dear Hon.
Dear Hon.

Speaker FINANCIAL TABLING OF ANNUAL REPORT, AUDITED STATEMENTS AND REPORT OF THE AUDITOR-GENERAL FOR THE 2020/21 FINANCIAL YEAR - DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT In terms of section 65 of the Public Finance Management Amendment Act (PFMA), 1999 (Act No.
29 of 1999), I am required, as the Executive Authority of the National Department of Forestry, Fisheries and the Environment (DFFE), to comply with the following tabling requirement: - To table in Parliament within six months of the end of each financial year (that is, 30 September 2021 for the 2020/21 financial year) an annual report on the activities of the department along with the audited financial statements for that financial year and a report of the Auditor-General on those statements.
The provision of the above-mentioned legislation further requires that in the event that I am unable to comply with the above tabling responsibility in section 65 (2) (a), I must table a written explanation in Parliament, setting out the reasons for not tabling the required reports on time.
I therefore, hereby wish to report to the Speaker of the National Assembly that I will be unable to table on time (before 30 September 2021) an annual report of the Department of Environmental Affairs, Forestry and Fisheries (now called the Department of Forestry, Fisheries and the Environment), audited financial statements and a report of the Auditor-General for the financial year which ended 31 March 2021 as required of me in terms of section 65 of the PFMA due to the reasons outlined below: In terms of Section 40(1)(b) of the PFMA, the Department is required to submit within two months after the end of the financial year, annual financial statements which comply with Generally Recognised Accounting Practice, namely the Modified Cash Standards to the Auditor-General.
The DFFE complied and submitted its financial statements by 31 May 2021.

I acknowledge the Announcement, Tablings and Committee Reports (ATC) of Wednesday 28 July the Auditor-General, published letter from the in 4 2021, in which the Auditor-General notifies Parliament about the delay in completing audits in national and provincial governments for the 2020/21 financial year due to the challenges of auditing in a Covid-19 environment.
The DFFE received a letter from the Auditor-General on 30 June 2021 informing us of a delay in finalising the audit for the year ended 31 March 2021, due to various factors.

• • • The Auditor-General finalised the 2019/20 audit on 23 December 2020 which assisted the Department to improve the 2019/20 audit outcomes by reducing the audit qualification matters from 11 to 3 paragraphs which meant that the readiness and responsiveness for the audit for the 2020/21 financial year was impacted.
The year 2020 was a challenging year as the Department could not operate at 100% capacity due to Covid-19 lockdown restrictions.

The number of Covid positive cases, in particular frontline staff working with the AG at the DFFE in Cape Town and Pretoria has directly impacted on the audit in that we had lost a number of days as the offices had to be closed or staff from the DFFE and AG had to go into self-isolation.
The Auditor-General has committed to finalising the audit report by 31 August 2021, which is a month later than anticipated.

It is on this basis, that I, as the Executive Authority of the Department of Forestry, Fisheries and the Environment, will be unable to comply with the tabling requirements for the department as outlined in section 65 (1)(a) of the PFMA.
The DFFE annual report, audited financial statements and AGSA reports will be finalised in due course and the annuals report will be tabled in Parliament no later than 31 October 2021.
Yours sincerely (signed) MS B D CREECY, MP MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT (b) Letter from the Minister of Forestry, Fisheries and the Environment dated 05 August 2021, to the Acting Speaker of the National Assembly, explaining the reasons for the delay in the submission of the Annual Reports of the Public Entities of the Department of Forestry, Fisheries and the Environment for the 2020/21 financial year.

Dear Hon.
Dear Hon.

Speaker TABLING OF ANNUAL REPORTS, AUDITED FINANCIAL STATEMENTS AND REPORTS OF THE AUDITOR-GENERAL FOR THE 2020/21 FINANCIAL YEAR – PUBLIC ENTITIES OF THE DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT 5 In terms of section 65 of the Public Finance Management Amendment Act (PFMA), 1999 (Act No.
29 of 1999), I am required, as the Executive Authority of the National Department of Forestry, Fisheries and the Environment (DFFE), to comply with the following tabling requirement: - To table in Parliament within six months of the end of each financial year (that is, 30 September 2021 for the 2020/21 financial year) an annual report on the activities of the entities along with the audited financial statements for that financial year and a report of the Auditor-General on those statements.
The provision of the above-mentioned legislation further requires that in the event that I am unable to comply with the above tabling responsibility in section 65 (2) (a), I must table a written explanation in Parliament, setting out the reasons for not tabling the required reports on time.
I therefore, hereby wish to report to the Speaker of the National Assembly that I will be unable to table on time (before 30 September 2021) all the annual reports of entities of the Department of Environmental Affairs, Forestry and Fisheries (now called the Department of Forestry, Fisheries and the Environment), audited financial statements and reports of the Auditor-General for the financial year which ended 31 March 2021 as required of me in terms of section 65 of the PFMA due to the reasons outlined below: In terms of Section 55(1)(c) of the PFMA, the entities are required to submit within two months after the end of the financial year, annual financial statements which comply with Generally Recognised Accounting Practice, to the Auditor- General.
The entities complied and submitted their financial statements by 31 May 2021.

I wish to indicate to the Speaker that there are five (5) public entities reporting to me as the Executive Authority.

The Auditor-General was unable to finalise audited financial statements of three (3) of the five (5) entities reporting to me due to various reasons as stated below.

The Auditor-General has committed to finalising these outstanding audit reports by 31 August 2021, which is a month later than anticipated.
Therefore, these three (3) entities, South African National Parks, iSimangaliso Wetland Park and the Marine Living Resources Fund will not be able to comply with the tabling requirements of 30 September 2021.
The Auditor-General was unable to finalise the audited financial statements for the following reasons respectively: • • South African National Parks – the entity requested an extension of one month to rectify financial statements incorrectly classified and transactions that needed to be corrected which were accounted for in the incorrect period.

Furthermore, the Covid-19 environment also affected the entity to finalise these required corrections.
iSimangaliso Wetland Park (IWP) - due to the Covid-19 environment as well as unrest in KwaZulu-Natal.

• Marine Living Resources Fund (MLRF) - due to the Covid-19 environment.

6 I wish to confirm to the Speaker that the South African National Biodiversity Institute (SANBI) and the South African Weather Service (SAWS) will be able to comply with the tabling deadline as the Auditor-General was able to finalise these audits on time.
The SANParks, iSimangaliso Wetland Park and Marine Living Resources Funds’ annual reports, audited financial statements and AGSA reports will be finalised in due course and the annual reports will be tabled in Parliament no later than 31 October 2021.

Yours sincerely (signed) MS B D CREECY, MP MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT (c) A petition from residents of Greater Taung, including Tlapeng, Motsweding and Matlapaneng, calling on the Assembly to investigate the construction of road D201.
(Mr I S Seitlholo) Referred to the Portfolio Committee on Public Works and Infrastructure for consideration and report and the Portfolio Committee on Transport.

(d) A petition from residents of Nomzamo, Orlando East, requesting the Assembly to investigate the lack of service delivery and electricity in their area.

(Mr T Mhlongo) Referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs for consideration and report.

National Council of Provinces 1.


The Chairperson (a) NOTICE OF SECTION 139(4) INTERVENTION IN UMKHANYAKUDE DISTRICT MUNICIPALITY AND EMADLANGENI LOCAL MUNICIPALITY Referred to the Select Committee Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements for consideration and report.
(b) SUBMISSION OF GAUTENG CONSOLIDATED ANNUAL MUNICIPAL PERFORMANCE REPORT FOR 2019/2020 FINANCIAL YEAR Referred to the Select Committee Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements for consideration.

7 (c) NOTICE OF INTERVENTION ISSUED IN TERMS OF SECTION 139(1)(c) OF THE CONSTITUTION, 1996 TO O R TAMBO DISTRICT MUNICIPALITY, EASTERN CAPE.
Referred to the Select Committee Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements for consideration and report.

(d) Letter from the Minister of Forestry, Fisheries and the Environment dated 05 August 2021, to the Chairperson of the National Council of Provinces, explaining the reasons for the delay in the submission of the Annual Report of the Department of Forestry, Fisheries and the Environment for the 2020/21 financial year.

Dear Hon.
Dear Hon.

Chairperson FINANCIAL TABLING OF ANNUAL REPORT, AUDITED STATEMENTS AND REPORT OF THE AUDITOR-GENERAL FOR THE 2020/21 FINANCIAL YEAR - DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT In terms of section 65 of the Public Finance Management Amendment Act (PFMA), 1999 (Act No.
29 of 1999), I am required, as the Executive Authority of the National Department of Forestry, Fisheries and the Environment (DFFE), to comply with the following tabling requirement: - To table in Parliament within six months of the end of each financial year (that is, 30 September 2021 for the 2020/21 financial year) an annual report on the activities of the department along with the audited financial statements for that financial year and a report of the Auditor-General on those statements.
The provision of the above-mentioned legislation further requires that in the event that I am unable to comply with the above tabling responsibility in section 65 (2) (a), I must table a written explanation in Parliament, setting out the reasons for not tabling the required reports on time.
I therefore, hereby wish to report to the Chairperson of the National Council of Provinces that I will be unable to table on time (before 30 September 2021) an annual report of the Department of Environmental Affairs, Forestry and Fisheries (now called the Department of Forestry, Fisheries and the Environment), audited financial statements and a report of the Auditor-General for the financial year which ended 31 March 2021 as required of me in terms of section 65 of the PFMA due to the reasons outlined below: In terms of Section 40(1)(b) of the PFMA, the Department is required to submit within two months after the end of the financial year, annual financial statements which comply with Generally Recognised Accounting Practice, namely the Modified Cash Standards to the Auditor-General.
The DFFE complied and submitted its financial statements by 31 May 2021.

I acknowledge the letter from the Auditor-General, published in the 8 Announcement, Tablings and Committee Reports (ATC) of Wednesday 28 July 2021, in which the Auditor-General notifies Parliament about the delay in completing audits in national and provincial governments for the 2020/21 financial year due to the challenges of auditing in a Covid 19 environment.
The DFFE received a letter from the Auditor-General on 30 June 2021 informing us of a delay in finalising the audit for the year ended 31 March 2021, due to various factors.

• • • The Auditor-General finalised the 2019/20 audit on 23 December 2020 which assisted the Department to improve the 2019/20 audit outcomes by reducing the audit qualification matters from 11 to 3 paragraphs which meant that the readiness and responsiveness for the audit for the 2020/21 financial year was impacted.
The year 2020 was a challenging year as the Department could not operate at 100% capacity due to Covid-19 lockdown restrictions.

The number of Covid positive cases, in particular frontline staff working with the AG at the DFFE in Cape Town and Pretoria has directly impacted on the audit in that we had lost a number of days as the offices had to be closed or staff from the DFFE and AG had to go into self-isolation.
The Auditor-General has committed to finalising the audit report by 31 August 2021, which is a month later than anticipated.

It is on this basis that I, as the Executive Authority of the Department of Forestry, Fisheries and the Environment, will be unable to comply with the tabling requirements for the department as outlined in section 65 (1)(a) of the PFMA.
The DFFE annual reports, audited financial statements and AGSA reports will be finalised in due course and the annual reports will be tabled in Parliament no later than 31 October 2021.
Yours sincerely (signed) MS B D CREECY, MP MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT (e) Letter from the Minister of Forestry, Fisheries and the Environment dated 05 August 2021, to the Chairperson of the National Council of Provinces, explaining the reasons for the delay in the submission of the Annual Reports of the Public Entities of the Department of Forestry, Fisheries and the Environment for the 2020/21 financial year.

Dear Hon.
Dear Hon.

Chairperson TABLING OF ANNUAL REPORTS, AUDITED FINANCIAL STATEMENTS AND REPORTS OF THE AUDITOR-GENERAL FOR THE 2020/21 FINANCIAL YEAR – PUBLIC ENTITIES OF THE DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT 9 In terms of section 65 of the Public Finance Management Amendment Act (PFMA), 1999 (Act No.
29 of 1999), I am required, as the Executive Authority of the National Department of Forestry, Fisheries and the Environment (DFFE), to comply with the following tabling requirement: - To table in Parliament within six months of the end of each financial year (that is, 30 September 2021 for the 2020/21 financial year) an annual report on the activities of the entities along with the audited financial statements for that financial year and a report of the Auditor-General on those statements.
The provision of the above-mentioned legislation further requires that in the event that I am unable to comply with the above tabling responsibility in section 65 (2) (a), I must table a written explanation in Parliament, setting out the reasons for not tabling the required reports on time.
I therefore, hereby wish to report to the Speaker of the National Assembly that I will be unable to table on time (before 30 September 2021) all the annual reports of entities of the Department of Environmental Affairs, Forestry and Fisheries (now called the Department of Forestry, Fisheries and the Environment), audited financial statements and reports of the Auditor-General for the financial year which ended 31 March 2021 as required of me in terms of section 65 of the PFMA due to the reasons outlined below: In terms of Section 55(1)(c) of the PFMA, the entities are required to submit within two months after the end of the financial year, annual financial statements which comply with Generally Recognised Accounting Practice, to the Auditor-General.
The entities complied and submitted their financial statements by 31 May 2021.

I wish to indicate to the Speaker that there are five (5) public entities reporting to me as the Executive Authority.

The Auditor-General was unable to finalise audited financial statements of three (3) of the five (5) entities reporting to me due to various reasons as stated below.

The Auditor-General has committed to finalising these outstanding audit reports by 31 August 2021, which is a month later than anticipated.
Therefore, these three (3) entities, South African National Parks, iSimangaliso Wetland Park and the Marine Living Resources Fund will not be able to comply with the tabling requirements of 30 September 2021.
The Auditor-General was unable to finalise the audited financial statements for the following reasons respectively: • • South African National Parks – the entity requested an extension of one month to rectify financial statements incorrectly classified and transactions that needed to be corrected which were accounted for in the incorrect period.

Furthermore, the Covid-19 environment also affected the entity to finalise these required corrections.
iSimangaliso Wetland Park (IWP) - due to the Covid-19 environment as well as unrest in KwaZulu-Natal.

• Marine Living Resources Fund (MLRF) - due to the Covid-19 environment.

I wish to confirm to the Speaker that the South African National Biodiversity Institute (SANBI) and the South African Weather Service (SAWS) will be able to 10 comply with the tabling deadline as the Auditor-General was able to finalise these audits on time.
The SANParks, iSimangaliso Wetland Park and Marine Living Resources Funds’ annual reports, audited financial statements and AGSA reports will be finalised in due course and the annual reports will be tabled in Parliament no later than 31 October 2021.

Yours sincerely (signed) MS B D CREECY, MP MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT COMMITTEE REPORTS National Council of Provinces 11 1.
Report of the Select Committee on Security and Justice on the Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75), dated 11 August 2021.

The Select Committee on Security and Justice, having deliberated on and considered the subject of the Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75), referred to it on 3 June 2021, reports that it has agreed to the Bill with proposed amendments and reports as follows: 1.
Background The Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75) seeks to amend so as to— • • • • • amend and insert certain definitions; further provide for the manner in which acts of domestic violence and matters related thereto, must be dealt with; further regulate protection orders in response to acts of domestic violence; amend provisions of certain laws; and provide for matters connected therewith.
The Bill is tagged as a Bill to be dealt with in terms of Section 75 of the Constitution (a Bill not affecting provinces).

2.

Public participation process on the Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75) The Select Committee on Security and Justice invited stakeholders and interested persons to make written submissions on electronic platforms from 11 June to 16 July 2021 and in newspapers from 20 June – 9 July 2021.
The Committee extended the deadline from 9 July to 16 July 2021.

1 12 3.

Summary of Submissions: The Committee received 19 written submissions and the Department responded to all of the submissions received.

The Department’s response is available on request.

The Committee received 19 written submissions from individuals and organisations: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.


Karabo Kokwane Women’s Legal Centre FORSA Action Society Department of Social Development Western Cape Government Qina Mbokodo Olerato Mekhure Mosaic Law Faculty Trust Chair In Social Justice – Stellenbosch University Centre for Child Law Active Citizens Movement Sonke Gender Justice ALT Advisory and Research ICT Africa Social Justice Coalition Legal Resource Centre (LRC) Annalene Larsen Cosatu 18.
Werksmans Attorneys on behalf of Legal Centre for Gender Based Violence Association (trading as Lawyers Against Abuse (LvA)) and ProBono.Org, 19.

Collective submission by the Department of Community Health, WITS School of Public Health.

2 13 4.

Committee consideration of the Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75) The Select Committee received a briefing on the Bill on 23 June 2021 and thereafter advertised the Bill for written comment.
On 28 July 2021, the Select Committee received a further briefing from the Department of Justice and Constitutional Development on the written submissions and the Department’s response to said submissions.

Members were satisfied with the Department’s response to the written submissions and on 6 August 2021 the Select Committee received a briefing on the proposed amendments to the Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75).
The Select Committee on 11 August 2021 agreed to the adoption of the Bill with proposed amendments (See Annexure A).

5.

Recommendation The Select Committee on Security and Justice, having considered the Domestic Violence Amendment Bill [B 20B – 2020] (National Assembly – sec 75), referred to it on 3 June 2021 and classified by the JTM as a section 75 Bill, recommends the Council pass the Bill with proposed amendments.

Report to be considered.


3 14 ANNEXURE A PROPOSED AMENDMENTS DOMESTIC VIOLENCE ACT AMENDMENT BILL [B 20B—2020] ___ CLAUSE 1 1.

On page 3, after line 16, to insert the following: “19A.

Period within which directives and regulations must be submitted to Parliament”.

CLAUSE 2 1.

On page 3, in lines 31 and 32, to delete “prescribed in terms of section 6A” and to replace with the following: “provided for in the directives contemplated in section 6A(3)(i)”.

2.
On page 3, after line 41, to insert the following: “'close relationship' means a relationship between the complainant and any other person, which the court, with regard to the following criteria: (a) (b) (c) (d) (e) The degree of trust between the persons; the level of each person’s dependence on, and commitment to, the other person; length of time the relationship has existed; frequency of contact between the persons; or the degree of intimacy between the persons, 4 15 may consider as a close relationship of a person with the complainant;”.
3.

On page 3, in line 42, to delete “he or she has” and to replace with “they have”.

4.

On page 3, in line 43, to delete “he or she has” and to replace with “they have”.

5.

On page 3, in line 53, to delete “is aimed at” and to replace with “has the effect of”.

6.

7.

8.

9.

On page 3, in line 55, to delete “him or her” and to replace with “them”.

On page 4, in line 1, to delete “his or her” and to replace with “their”.

On page 4, in line 2, to delete “him or her” and to replace with “them”.
On page 4, in line 4, to delete “his or her” and to replace with “their”.

10.

On page 5, in line 43, to delete “communications’” and to replace it with “communication’” 11.

On page 5, in line 45, after “pictures” to insert “that are real, simulated or manipulated,”.

12.

On page 5 in line 50, to delete “communications” and replace it with “communication.”.

13.

On page 5 in line 55, to delete “communication” and replace with “communications” 14.
On page 5 in line 57, to delete the first “communications” and replace it with “communication.”.

15.

On page 6, in line 6, to delete “(ii)” and to replace with “(ii)”.

16.

On page 6, in line 7, to delete “(iii)” and to replace with “(iii)”.

17.

On page 6, in line 8, to delete “(iv)” and replace with “(iv)”.

18.

On page 6, in line 9, to delete “[(e)]”.

19.

On page 6, in line 9, to underline “education expenses; or”.

20.

On page 6, in line 9, to delete “or”.

21.


On page 6, after line 9, to insert “(vi) transportation costs; or”.

22.

On page 6, in line 10, to delete “[(f)]”.

23.

On page 6, in line 10, to delete “(vi)” and to replace with “(vii)”.

5 16 24.

On page 6, in line 12, after “child” to insert “, person with a disability or older person”.

25.

On page 6, in line 12, after “complainant,” to insert “to whom the respondent has a duty of care”.

26.
26.

On page 6, in line 22, to delete “[is such as to]” and to replace with “[is such as to constitute]”.

27.

On page 6, in line 22, to delete “constitutes” and replace with “constitutes”.

28.

On page 6, in line 30, to delete “against” and to replace with “without”.

29.

On page 6, in line 30, to delete “wishes” and to replace with “consent”.

30.
30.

On page 6, in line 38-45, to delete the entire definition of functionary and replace with “ ‘functionary’ means― (a) a medical practitioner, health care personnel, a social worker, an official in the employ of a public health establishment, an educator or a care giver; and (b) any other person designated in terms of section 2A(1).” 31.

On page 6, in line 49, after “watching,” to insert “stalking,”.

32.

On page 6, in line 54, to delete “he or she” and to replace with “they”.

33.
33.

On page 7, in line 21, to delete “he or she” and to replace with “they”.

34.

On page 7, in line 31, to delete “he or she” and to replace with “they”.

35.

On page 7, in lines 36 and 37, to delete “by the Director-General: Health” and to replace with “, as a functionary”.

36.

On page 7, in line 38, after “section 18B” to delete “, as a functionary”.

37.

On page 7, in line 47, to delete “or”.

38.

On page 7, in line 49, to delete “so,” and to replace with “so; or”.

39.
39.

On page 7, after line 49, to insert the following: “(d) conveying a threat, or causing a complainant to receive a threat, which induces fear of physical violence, or damage to property belonging to a complainant or any other person through electronic communication,”.

40.

On page 7, in line 6, “communications” and replace with “communication” 6 17 41.

On page 7, in line 7, “communications;” and replace with “communication;” 42.
On page 7, in line 51, to delete “he or she has” and to replace with “they have”.

43.

On page 7, in line 52, to delete “he or she has” and to replace with “they have”.

44.

On page 8, from line 8, to delete “‘person” up to and including “complainant;” in line 17.

45.

On page 8, in line 33, to delete “permission” and to replace with “consent”.

46.

On page 8, in line 50, to delete “as abuse”.

47.

On page 9, in line 18, to delete “he or she complies” and to replace with “they comply”.

48.
48.

On page 9, in line 23, to underline “No.”.

49.

On page 9, in line 29, to delete “his or her” and to replace with “their”.

50.

On page 9, in line 32, to delete “his or her” and to replace with “their”.

51.

On page 9, in line 34, to delete “his or her” and to replace with “their”.

52.

On page 9, in line 60, after “act” to insert “which”.

53.

On page 10, in line 2, before “protection” to insert “a”.

54.

On page 10, in line 3, after “paragraph (a)” to insert “against a third party actor”.

55.
55.

On page 10, in line 6, to delete “to have” and to replace with “having”.

1.

That the following be a new clause: NEW CLAUSE “Amendment of section 2 of Act 116 of 1998 1.
Section 2 of the Domestic Violence Act, 1998 (hereafter referred to as the “principal Act”), is hereby amended by the substitution for subparagraph (c) of the following subparagraph: “(c) If it is reasonably possible to do so, explain to the complainant the content of such notice in the prescribed manner, 7 18 including the remedies at [his or her] their disposal in terms of this Act and the right to lodge a criminal complaint, if applicable.” 1.
On page 10, in line 11, after “2A.” to insert the following: CLAUSE 3 “(1) The Minister may, by notice in the Gazette, designate any other person— (a) (b) belonging to a class or category of persons; or who is in the employ of any class or category of entities, as a functionary.”.

2.

3.

On page 10, in line 11, to delete “(1)” and to replace with “(2)”.

On page 10, in lines 11 and 12, to delete “his or her” and to replace with “their”.

4.
4.

On page 10, in line 12, after “exercise of”, to delete “his or her” and to replace with “their”.

5.

On page 10, in line 13, to delete “by him or her, causes him or her” and to replace with “by them, cause them”.

6.

On page 10, in line 22, to delete “prescribed in terms of” and to replace with “contemplated in”.

7.

On page 10, in line 26, to delete “prescribed” and to replace with “contemplated”.

8.

On page 10, in line 27 to delete “(2)” at the beginning of the line and to replace with “(3)”.

9.
9.

On page 10, in line 27, to delete “(1)” at the end of the line and replace with “(2)”.

10.

On page 10, in line 28, to delete “(1)(a)” and to replace with “(2)(a)”.

11.

On page 10, in line 32, to delete “his or her” and to replace with “their”.

12.

On page 10, in line 36, to delete “2A(1)” and to replace with “2A(2)”.

1.

On page 11, in line 12, to delete “he or she” and to replace with “they”.

CLAUSE 4 8 19 2.

3.

On page 11, in line 13, to delete “believes” and to replace with “believe”.
On page 11, in line 34, to delete “may be prescribed in terms of” and to replace with “contemplated in”.

1.

On page 11, in line 48, to delete “him or her” and to replace with “them”.

CLAUSE 5 CLAUSE 6 1.

On page 12, in line 24, to delete “another” and to replace with “a functionary or another”.

2.

3.

4.

On page 12, in line 38, to delete “, who is under the age of 16 years,”.

On page 12, in line 39, to delete “the child” and to replace with “that child”.
On page 12, in line 55, after “subsection (1)(b)” to insert “, any supporting affidavit”.

5.

On page 12, in line 58, after “must” to insert “immediately”.

1.

On page 13, in lines 38 and 39, to delete “within the area of jurisdiction of the court” and to replace with “servicing the area where the complainant CLAUSE 7 resides”.

2.

On page 13, in line 45, to delete “complainant” and to replace with “complainant’s”.

3.
3.

On page 14, in line 19; to delete “Director-Geneal” and to replace it with “Director-General”.

CLAUSE 8 1.

On page 14, in line 29, to delete “4(1)(b)(ii) or (7)” and to replace with “4(1)(b) [(7)]”.

2.

On page 14, from “[and]” in line 36, up and including “out]” in line 40, to delete all the words and to replace with the following: 9 20 “[a Family Advocate is available, a court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act No.
24 of 1987), when considering an application contemplated in subsection (1), cause an investigation to be carried out]“.

3.

4.

5.

6.

On page 14, in line 41, after “1987” to insert “(Act No.

24 of 1987)”.

On page 15, in line 25, after “protection” to insert “order”.

On page 15, in line 39, after “order” to insert “and of the return date”.

On page 15, in line 53, to delete “brought to the attention of” and to replace it with “served on”.

1.
1.

On page 17, in line 10, to delete “questions” and to replace with CLAUSE 9 “question”.

2.

3.

On page 17, in line 61, after the second “to” to insert “immediately”.

On page 18, in line 4, to delete “form and manner,” and to replace with the following: “manner by means of an affidavit in the prescribed form”.

4.

On page 19, in lines 4 and 5, after “resources” to delete “, in the prescribed manner”.

5.

6.

7.

On page 19, in line 8, after “service” to insert “provider”.
On page 19, in line 18, to delete “(6)(c)” and to replace with “(6)(a)”.

On page 19, in line 46, to delete the words “it may”.

CLAUSE 10 1.

On page 20, in line 2, to delete “[or is committing]” and to replace with “or is committing”.

2.
On page 20, in line 29, from “(2A)” up to and including “date” in line 34, to delete all the words and to replace with the following: “(2A) (a) If the respondent appears but the complainant does not appear, or where both the respondent and the complainant do 10 21 not appear, on the return date referred to in section 5(3), the court must extend the interim protection order and the return date, and the clerk of the court must notify— (i) (ii) the complainant; or the complainant and the respondent, where both did not appear, in the prescribed form and manner of the extended date.”.
3.

On page 21, in line 5, after “respondent” to insert “within 48 hours or as soon as reasonably possible”.

4.

On page 21, in line 26, to delete “brought to the attention of” and to replace it with “served on”.

CLAUSE 11 On page 21, in line 34, to delete the comma after “must”.

On page 21, in line 38, to delete “his or her” and to replace it with “their”.

On page 21, in line 50, to delete “him or her” and to replace with “them”.
On page 21, in line 56, to delete “prescribe” and to replace with “provide for”.

CLAUSE 12 On page 23, in line 16, to delete “he or she” and to replace with “they”.

On page 23, in line 27, after “home” to insert “, study”.

On page 23, in line 32, after “home” to insert “, study”.

1.

2.

3.

4.

1.

2.

3.

CLAUSE 13 1.

2.

On page 24, in line 42, to delete “.” ” at the end of the line.
On page 24, after line 42, to insert the following: “(c) by the insertion after subsection (5) of the following subsection: (6) Whenever a warrant of arrest is handed to a member of the South African Police Service in terms of subsection (4)(a), the member must inform the complainant of [his or her] their right to 11 22 simultaneously lay a charge against the respondent, if applicable, and explain to the complainant how to lay such a charge.”.

CLAUSE 14 1.
CLAUSE 14 1.

On page 24, in line 54, to delete “himself or herself, [or]” and to replace with “[himself or herself, or] themselves,”.

2.

On page 25, in line 45, to delete “[.

]; and” and to replace with “; and”.

1.

On page 25, in line 55, to delete “he or she opposes” and to replace with CLAUSE 15 2.

3.

4.

“they oppose”.

On page 25, in line 56, to delete “receiving”.

On page 25, in line 56, after “(a)” to insert “being served”.
On page 25, in line 59, from “(2)’ to delete everything up to and including “voluntarily.”.
on page 26, in line 2, and to replace with the following: “(2) If the court is satisfied that— (a) circumstances have changed materially since the granting of the original protection order; (b) [and that] good cause has been shown for the variation or setting aside of the protection order; and (c) proper service has been effected on the respondent, it may issue an order to this effect: Provided that the court [shall] may not grant such an application to the complainant unless it is satisfied that the application is made freely and voluntarily.".
1.

On page 26, in line 20, after “resides,” to insert “studies,”.

CLAUSE 17 CLAUSE 19 12 23 1.

2.

On page 26, in line 49, to delete “the provisions of”.

On page 27, in line 1, to delete “communications” and to replace “communication”.

CLAUSE 23 1.
CLAUSE 23 1.

On page 28, in lines 54 to 56, to delete all the words from “in” up to and including “;and” and to replace with the following: “in consultation with the Cabinet members responsible for health, social development, basic education, higher education, science and innovation, police and communications and digital technologies; and”.

On page 29, in line 9, after “must” to insert “provide for”.

On page 29, in line 10, to delete “prescribe”.

On page 29, in line 12, to delete “prescribe”.


On page 29, in line 16, to delete “prescribe”.

On page 29, in line 18, to delete “prescribe”.

On page 29, in line 22, to delete “provide for”.

On page 29, in line 28, to delete “provide for”.

On page 29, in line 29, to delete “prescribe”.

2.

3.

4.

5.

6.

7.

8.

9.

10.

On page 29, in line 31, to delete “prescribe”.

11.
11.

On page 29, after line 33, to insert the following: “(3) The directives referred to in this section must ensure that adequate disciplinary steps are taken against a functionary or person who fails to comply with any directive.”.

12.

On page 29, in line 34, to delete “(3)” and to replace with “(4)”.

CLAUSE 24 1.

On page 30, in line 2, after the first “to” to insert “the complainant, respondent, a person with a disability, an older person or”.

2.
2.

On page 30, in lines 2 and 3, to delete “him or her” and to replace with “them”.

13 24 3.

On page 30, after line 15, to insert the following: “Insertion of new section in Act 116 of 1998 25.

The following section is hereby inserted after section 19 of the principal Act: "Period within which directives and regulations must be submitted to Parliament 19A.
(1) (a) The directives referred to in sections 18A and 18B must be submitted to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021.
(b) A Director-General who is in terms of section 18A or 18B, responsible for the issuing of directives must, in the event of a failure to submit the directives to Parliament, within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, report such failure and the reasons for such failure to Parliament before the end of the month following upon the month during which the 12-month period expires and thereafter at such intervals as Parliament may determine.
(c) The failure to submit the directives referred to in paragraph (a) to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, does not affect the validity of any such directives that are submitted to Parliament after the expiration of the said period and thereafter issued.
(2) (a) The Minister must, in terms of section 19(2) submit regulations that are necessary or required to be made for the proper implementation and administration of this Act to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021.
(b) The Minister must, in the event of a failure to submit the regulations referred to in paragraph (a) to 14 25 Parliament, within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, report such failure and the reasons for such failure to Parliament before the end of the month following upon the month during which the 12-month period expires and thereafter at such intervals as Parliament may determine.
(c) The failure to submit the regulations referred to in paragraph (a) to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, does not affect the validity of any such regulations that are submitted to Parliament after the expiration of the said period and made thereafter.".

1.

On page 30, in line 17, to delete “25.” and to replace with “26.”.

CLAUSE 25 CLAUSE 26 1.


On page 30, from lines 21 to 49, to delete all the words from “Period”, in line 21, up to and including “thereafter.” in line 49.

CLAUSE 27 1.

On page 30, in line 51, to delete “Domestic Violence Act Amendment Act, 2021” and to replace with “Domestic Violence Amendment Act, 2021,”.

On page 30, in line 54, to delete “26” and to replace with “19A”.

On page 30, in lines 54 and 55, to delete “in terms of section 81 of the 2.

3.

Constitution of the Republic of South Africa”.


SCHEDULE 1.

On page 31, from line 4, to omit the row amending ‘‘Act No.

51 of 1977’’ and to substitute: 15 26 "Act No.


51 of Criminal Section 40 of the Criminal Procedure Act, 1977 Procedure Act, 1977, is hereby amended by the 1977 substitution in subsection (1) for paragraph (q) of the following paragraph: "(q) who is reasonably suspected of having committed an act of domestic violence, as contemplated in section 1 of the Domestic Violence Act, 1998 and which constitutes an offence in [respect of which violence is an element] terms of any law.".

16 27 2.
16 27 2.

Report of the Select Committee on Security and Justice on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75), dated 11 August 2021.
The Select Committee on Security and Justice, having deliberated on and considered the subject of the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75), referred to it on 3 June 2021, reports that it has agreed to the Bill with proposed amendments and reports as follows: 1.
Background The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75) seeks to amend: • the Magistrates’ Courts Act, 1944, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audio-visual link in proceedings other than criminal proceedings; • the Criminal Procedure Act, 1977, so as to further regulate the granting and cancellation of bail; the giving of evidence by means of closed circuit television or similar electronic media; the giving of evidence by a witness with physical, psychological or mental disability; the appointment, oath and competency of intermediaries; and the right of a complainant in a domestic related offence to participate in parole proceedings; • the Criminal Law Amendment Act, 1997, so as to further regulate sentences in respect of offences that have been committed against vulnerable persons; and • the Superior Courts Act, 2013, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and 1 28 the giving of evidence through audio-visual link in proceedings other than criminal proceedings, and to provide for matters connected therewith.
The Bill is tagged as a Bill to be dealt with in terms of Section 75 of the Constitution (a Bill not affecting provinces).

• The Department reported that there would not be financial implications associated with the Bill to the State.

2.
2.

Public participation process on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75) The Select Committee on Security and Justice invited stakeholders and interested persons to make written submissions on electronic platforms from 11 June to 16 July 2021 and in newspapers from 20 June – 9 July 2021.

The Committee extended the deadline from 9 July to 16 July 2021.

3.
3.

Summary of Submissions: The Committee received 18 written submissions and the Department responded to all of the submissions received.

The Department’s response is available on request.

The Committee received 18 written submissions from individuals and organisations: 1.

Angelo Phillips 2.

Just Detention International SA (JDI-SA) 3.

Sisonke National Sex Workers Movement 4.

Active Citizens Movement 5.

Action Society 6.

Qina Mbokodo 2 29 7.


Western Cape Government - Ms. S Fernandez - Provincial Minister of Social Development 8.

SWEAT – Sex Workers Education & Advocacy Taskforce 9.

Centre for Child Law 10.

Law Faculty Trust Chair In Social Justice – Stellenbosch University 11.

Post Office to Parliament Task Team 12.

Asijiki coalition 13.

Sonke Gender Justice 14.

Legal Resource Centre 15.

South African Human Rights Commission (SAHRC) 16.

COSATU 17.

Triangle Project 18.

Kevin Brewer 4.


Committee consideration of the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75) The Select Committee received a briefing on the Bill on 23 June 2021 and thereafter advertised the Bill for written comment.
On 23 July 2021, the Select Committee received a further briefing from the Department of Justice and Constitutional Development on the written submissions and the Department’s response to said submissions.

Members were satisfied with the Department’s response to the written submissions and on 6 August 2021 the Select Committee received a briefing on the proposed amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75).
The Select Committee on 11 August 2021 agreed to the adoption of the Bill with proposed amendments (See Annexure A).

3 30 5.

Recommendation The Select Committee on Security and Justice, having considered the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16B 2020] (National Assembly – sec 75), referred to it on 3 June 2021 and classified by the JTM as a section 75 Bill, recommends the Council pass the Bill with proposed amendments.

Report to be considered.


4 31 ANNEXURE A PROPOSED AMENDMENTS CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT AMENDMENT BILL [B 16B—2020] ___ NEW CLAUSE 1.

That the following be a new clause: “Amendment of section 1 of Act 32 of 2007, as amended by section 48 of Act 7 of 2013, section 1 of Act 5 of 2015 and section 35 of Act 8 of 2017 1.
Section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (hereafter referred to as the “principal Act”), is hereby amended— (a) by the substitution of the definition of “care giver” of the following definition: “’care giver’ means any person who, in relation to a person [who is mentally disabled] with a mental disability, takes responsibility for meeting the daily needs of or is in substantial contact with such person;”; (b) by the substitution for the words preceding paragraph (a) of the definition of “person with a mental disability” of the following words: “'person [who is mentally disabled] with a mental disability' means a person affected by any mental disability, including any disorder or disability of the mind, to the extent that he or she, at the time of the alleged commission of the offence in question, was—“; and 5 32 (c) by the substitution for subparagraph (v) of subsection (3)(d) of the following subparagraph: “(v) a person [who is mentally disabled] with a mental disability.”.
CLAUSE 1 1.

2.

On page 2, in line 4, to delete “1.” and to replace with “2.”.

On page 2, in lines 4 and 5, to delete “Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (hereafter referred to as the “principal Act”),” and to replace with “principal Act”.

1.

On page 2, in line 15, to delete “2.” and to replace with “3.”.

CLAUSE 2 1.

On page 3, in line 2, to delete “3.” and to replace with “4.”.

CLAUSE 3 1.

On page 3, in line 14, to delete “4.” and to replace with “5.”.
CLAUSE 4 1.

That the following be new clauses: NEW CLAUSES “Substitution of heading to Act 32 of 2007 6.
The heading for Chapter 4 of the principal Act is hereby substituted of the following heading: “SEXUAL OFFENCES AGAINST PERSONS [WHO ARE MENTALLY DISABLED] WITH MENTAL DISABILITIES Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons [who are mentally disabled] with mental disabilities and using persons [who are mentally disabled] with 6 33 mental disabilities for pornographic purposes or benefiting therefrom”.
Substitution of section 23 of Act 32 of 2007, as substituted by section 3 of Act 6 of 2012, as substituted by section 3 of Act 6 of 2012 7.

Section 23 of the principal Act is hereby substituted of the following section: “Sexual exploitation of persons [who are mentally disabled] with mental disabilities 23.
(1) A person ('A') who unlawfully and intentionally engages the services of a complainant [who is mentally disabled] with a mental disability ('B'), for financial or other reward, favour or compensation to B or to a third person ('C')— (a) for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or (b) by committing a sexual act with B, is, in addition to any other offence which he or she may be convicted of, guilty of the offence of sexual exploitation of a person [who is mentally disabled] with a mental disability.
(2) A person ('A') who unlawfully and intentionally offers the services of a person [who is mentally disabled] with a mental disability ('B') to a third person ('C'), for financial or other reward, favour or compensation to A, B or to another person ('D')— (a) (b) for purposes of the commission of a sexual act with B by C; by inviting, persuading or inducing B to allow C to commit a sexual act with B; (c) by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C; (d) by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or 7 34 (e) by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C, is guilty of an offence of being involved in the sexual exploitation of a person [who is mentally disabled] with a mental disability.
(3) A person ('A') who— (a) intentionally allows or knowingly permits the commission of a sexual act by a third person ('C') with a person [who is mentally disabled] with a mental disability ('B') while being a care-giver, parent, guardian, curator or teacher of B; or (b) owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, is guilty of the offence of furthering the sexual exploitation of a person [who is mentally disabled] with a mental disability.
(4) A person ('A') who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a person [who is mentally disabled] with a mental disability ('B') by a third person ('C'), is guilty of an offence of benefiting from the sexual exploitation of a person [who is mentally disabled] with a mental disability.
(5) A person ('A') who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a person [who is mentally disabled] with a mental disability ('B') by a third person ('C'), is guilty of an offence of living from the earnings of the sexual exploitation of a person who is mentally disabled.
(6) A person ('A'), including a juristic person, who— (a) makes or organises any travel arrangements for or on behalf of a third person ('C'), whether that other person is resident within or outside the borders of the Republic, with the intention of facilitating the commission of any sexual act with a person [who is mentally disabled] with a mental disability ('B'), irrespective of whether that act is committed or not; or 8 35 (b) prints or publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with B, is guilty of an offence of promoting sex tours with persons [who are mentally disabled] with mental disabilities.”.
Amendment of section 24 of Act 32 of 2007 8.
Section 24 of the principal Act is hereby amended— (a) by the substitution for the heading of the following heading: “Sexual grooming of persons [who are mentally disabled] with mental disabilities”; (b) by the substitution for subsection (1) of the following subsection: “(1) A person ('A') who— (a) supplies, exposes or displays to a third person ('C')— (i) an article which is intended to be used in the performance of a sexual act; child pornography or pornography; or a publication or film, (ii) (iii) with the intention to encourage, enable, instruct or persuade C to perform a sexual act with a person [who is mentally disabled] with a mental disability ('B'); or (b) arranges or facilitates a meeting or communication between C and B by any means from, to or in any part of the world, with the intention that C will perform a sexual act with B, is guilty of the offence of promoting the sexual grooming of a person [who is mentally disabled] with a mental disability.”; (c) by the substitution for the words preceding subparagraph (i) of subsection (2)(a) of the following words: “(a) supplies, exposes or displays to a person [who is mentally disabled] with a mental disability ('B')—“; and (d) by the substitution for the words following subsection (2)(e) of the following words: 9 36 “is guilty of the offence of sexual grooming of a person [who is mentally disabled] with a mental disability.”.
Substitution of section 25 of Act 32 of 2007 9.

Section 25 for the principal Act is hereby substituted of the following section: “Exposure or display of or causing exposure or display of child pornography or pornography to persons [who are mentally disabled] with mental disabilities 25.
A person ('A') who unlawfully and intentionally exposes or displays or causes the exposure or display of any image, publication, depiction, description or sequence of child pornography or pornography to a complainant [who is mentally disabled] with a mental disability ('B'), is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a person [who is mentally disabled] with a mental disability.”.
Substitution of section 26 of Act 32 of 2007 10.

Section 26 for the principal Act is hereby substituted of the following section: “Using persons [who are mentally disabled] with mental disabilities for pornographic purposes or benefiting therefrom 26.
(1) A person ('A') who unlawfully and intentionally uses a complainant [who is mentally disabled] with a mental disability ('B'), whether for financial or other reward, favour or compensation to B or to a third person ('C') or not— (a) (b) (c) for the purpose of creating, making or producing; by creating, making or producing; or in any manner assisting to create, make or produce, any image, publication, depiction, description or sequence in any manner whatsoever, of pornography or child pornography, is guilty of the offence 10 37 of using a person [who is mentally disabled] with a mental disability for pornographic purposes.
(2) Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any act contemplated in subsection (1), is guilty of the offence of benefiting from using a person [who is mentally disabled] with a mental disability for pornographic purposes.”.

Substitution of section 30 of Act 32 of 2007 11.


Section 30 for the principal Act is hereby amended by the substitution for subparagraph (ii) of subsection (1)(b) of the following subparagraph: “(ii) a person [who is mentally disabled] with a mental disability;”.

CLAUSE 5 1.

2.

On page 3, in line 28, to delete “5.” and to replace with “12.”.

On page 4, in line 29, to delete “who is mentally disabled” and to replace with “with a mental disability”.

3.
3.

On page 5, in line 9, to delete “in terms of Chapters 2, 3 and 4 and section” and to replace with “referred to in sections 3 to 10, 12 to 26 and”.

CLAUSE 6 1.

2.

On page 5, in line 21, to delete “6.” And to replace with “13.”.
On page 5, in lines 39 to 41, to delete “of a [child] person who is vulnerable or where he or she gains access to a [child] person who is vulnerable or places where [children] persons who are vulnerable are present or congregate” and to replace with the following: “[child or where he or she gains access to a child or places where children are present or congregate] person who is vulnerable;”.

3.
3.

On page 5, in lines 44 and 45, to delete “or where [children] persons who are vulnerable are present or congregate” and to replace with the following: “[or where children are present or congregate]”.

11 38 4.

On page 5, in line 49, to delete “who is mentally disabled” and to replace with “with a mental disability”.

1.

On page 6, in line 17, to delete “7.” and to replace with “14.”.

CLAUSE 7 1.

On page 6, in line 57, to delete “8.” and to replace with “15.”.

CLAUSE 8 1.
CLAUSE 8 1.

On page 7, in line 15, to delete “9.” and to replace with “16.”.

CLAUSE 9 1.

On page 7, in line 22, to delete “10.” and to replace with “17.”.

CLAUSE 10 1.

On page 7, in line 38, to delete “11.” and to replace with “18.”.

CLAUSE 11 1.

On page 8, in line 4, to delete “12.” and to replace with “19.”.

CLAUSE 12 1.

Clause rejected and replaced with the following clause: CLAUSE 13 Amendment of section 47 of Act 32 of 2007, as amended by section 5 of Act 5 of 2015 20.
Section 47 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections: "(1) A licensing authority may not grant a licence to or approve the management or operation of any entity, business concern or trade in relation to the supervision over or care of a [child or a person who is mentally disabled] person who is vulnerable without having determined, by way of an application to the Registrar for a prescribed certificate, 12 39 whether or not the particulars of such person have been recorded in the Register.
(2) A person who, after the commencement of this Chapter, applies for a licence contemplated in subsection (1) to a licensing authority, and whose particulars are included or are to be included in the Register, must disclose that he or she has been convicted of a sexual offence [against a child or a person who is mentally disabled] or that he or she is alleged to have committed a sexual offence [against a child or a person who is mentally disabled] and has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977.".
1.

On page 8, in line 33, to delete “14.” and to replace with “21.”.

CLAUSE 14 1.

On page 8, in line 50, to delete “15.” and to replace with “22.”.

CLAUSE 15 CLAUSE 16 1.

2.

On page 9, in line 3, to delete “16.” and to replace with “23.”.

On page 9, in line 7, to delete “in terms of this Act or any other law” and to replace with “[in terms of this Act or any other law]”.

1.

On page 10, in line 58, to delete “17.” and to replace with “24.”.

CLAUSE 17 1.
CLAUSE 17 1.

On page 12, in line 51, to delete “18.” and to replace with “25.”.

CLAUSE 18 1.

On page 13, in line 7, to delete “19.” and to replace with “26.”.

CLAUSE 19 1.

That the following be a new clause: NEW CLAUSE 13 40 Amendment of section 57 of Act 32 of 2007 27.
Section 57 of the principal Act is hereby amended— (a) by the substitution for the heading for section 57 of the following heading: “Inability of children under 12 years and persons [who are mentally disabled] with mental disabilities to consent to sexual acts”; and (b) by the substitution for subsection (2) of the following subsection: “(2) Notwithstanding anything to the contrary in any law contained, a person [who is mentally disabled] with a mental disability is incapable of consenting to a sexual act.”.
1.

On page 13, in line 33, to delete “20.” and to replace with “28.”.

CLAUSE 20 1.

Clause rejected and that the following be a new clause: CLAUSE 21 “Amendment of long title of Act 32 of 2007, as amended by section 48 of Act 7 of 2013, section 5 of Act 43 of 2013 and section 12 of Act 5 of 2015 29.
The long title of the principal Act is hereby amended— (a) by the substitution for the fourth bullet thereof of the following bullet: “creating new statutory offences, for adults, by criminalising the compelling or causing the witnessing of certain sexual conduct and certain parts of the human anatomy, the exposure or display of child pornography, [and] the engaging of sexual services of an adult and sexual intimidation;”; (b) by the substitution for the sixth bullet thereof of the following bullet: “enacting comprehensive provisions dealing with the creation of certain new, expanded or amended sexual offences against children and persons [who are mentally 14 41 disabled] with mental disabilities, including offences relating to sexual exploitation or grooming, exposure to or display of pornography and the creation of child pornography, despite some of the offences being similar to offences created in respect of adults as the creation of these offences aims to address the particular vulnerability of children and persons [who are mentally disabled] with mental disabilities in respect of sexual abuse or exploitation;”; and (c) by the substitution for the ninth bullet of the following bullet: “creating a duty to report sexual offences committed with or against [children or persons who are mentally disabled] persons who are vulnerable;”.
1.

Clause rejected and that the following be a new clause: CLAUSE 22 Amendment of index of Act 32 of 2007, as amended by section 48 of Act 7 of 2013 and section 1 of Act 43 of 2013 30.

The index of the principal Act is hereby amended— (a) by the insertion after item 14 of the following Part and item: "Part 5 Sexual intimidation 14A.
Sexual intimidation"; (b) by the substitution for Chapter 4 of the following Chapter: “CHAPTER 4 SEXUAL OFFENCES AGAINST PERSONS [WHO ARE MENTALLY DISABLED] WITH MENTAL DISABILITIES Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons [who are mentally disabled] with mental disabilities and using persons [who are mentally disabled] with mental disabilities for pornographic purposes or benefiting therefrom 15 42 23.
Sexual exploitation of persons [who are mentally disabled] with mental disabilities 24.

Sexual grooming of persons [who are mentally disabled] with mental disabilities 25.

Exposure or display of or causing exposure or display of child pornography or pornography to persons [who are mentally disabled] with mental disabilities 26.
Using persons [who are mentally disabled] with mental disabilities for pornographic purposes or benefiting therefrom”; (c) by the substitution for item 41 of the following item: “41.

Prohibition on certain types of employment by certain persons who have committed sexual offences [against children and persons who are mentally disabled]”; (d) by the insertion after item 44A of the following items: “44B.

Access to Register by National Commissioner of South African Police Service 44C.
Obligations of Director-General: Home Affairs and (e) by the substitution for the heading to Part 1 of Chapter 7 of the following heading: “Miscellaneous offences: Obligation to report commission of sexual offences against [children or persons who are mentally disabled] vulnerable persons and attempt, conspiracy, incitement or inducing another person to commit sexual offence”; (f) by the substitution for item 54 of the following item: “54.
Obligation to report commission of sexual offences against [children or persons who are mentally disabled] persons who are vulnerable”; (g) by the substitution for the heading to Part 2 of Chapter 7 of the following heading: “Defences and sentencing, inability of children under 12 years and persons [who are mentally disabled] with 16 Registrar.”; 43 mental disabilities to consent to sexual acts, other evidentiary matters and extra-territorial jurisdiction”; and (h) by the substitution for item 57 of the following item: “57.
Inability of children under 12 years and persons [who are mentally disabled] with mental disabilities to consent to sexual acts”.

1.

On page 14, in line 9, to delete “23.” and to replace with “31.”.

CLAUSE 23 1.
CLAUSE 23 1.

On page 2, after the second bullet of the long title, to insert the following bullet: LONG TITLE • substitute the phrase “a person with a mental disability” or “persons who are mentally disabled” wherever the phrase appears with the phrase “a person with a mental disability” or “persons with mental disabilities”; 17 44 3.
Report of the Select Committee on Security and Justice on the Criminal and Related Matters Amendment Bill [B 17B – 2020], dated 11 August 2021: The Select Committee on Security and Justice, having deliberated on and considered the subject of the Criminal and Related Matters Amendment Bill [B 17B – 2020], referred to it on 3 June 2021, reports that it has agreed to the Bill without proposing amendments and reports as follows: 1.
Background The Criminal and Related Matters Amendment Bill [B 17B – 2020] (National Assembly – sec 75) seeks to amend: • the Magistrates’ Courts Act, 1944, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audio-visual link in proceedings other than criminal proceedings; • the Criminal Procedure Act, 1977, so as to further regulate the granting and cancellation of bail; the giving of evidence by means of closed circuit television or similar electronic media; the giving of evidence by a witness with physical, psychological or mental disability; the appointment, oath and competency of intermediaries; and the right of a complainant in a domestic related offence to participate in parole proceedings; • the Criminal Law Amendment Act, 1997, so as to further regulate sentences in respect of offences that have been committed against vulnerable persons; and • the Superior Courts Act, 2013, so as to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings; the oath and competency of intermediaries; and the giving of evidence through audio-visual link in proceedings other than criminal proceedings, and to provide for matters connected therewith.
1 45 The Bill is tagged as a Bill to be dealt with in terms of Section 75 of the Constitution (a Bill not affecting provinces).

• The Department reported that there would not be financial implications associated with the Bill to the State.

2.
2.

Public participation process on the Criminal and Related Matters Amendment Bill [B 17B – 2020] (National Assembly – sec 75) The Select Committee on Security and Justice invited stakeholders and interested persons to make written submissions on electronic platforms from 11 June to 16 July 2021 and in newspapers from 20 June – 9 July 2021.

The Committee extended the deadline from 9 July to 16 July 2021.

3.
3.

Summary of Submissions (See Annexure A): The Committee received nine written submissions and the Department responded to all of the submissions received (see Annexure A).

The Committee received 9 written submissions from individuals and organisations: 1.

2.

3.

4.

5.

6.

7.

8.

9.


Rachel Mazibe Angelo Phillips Olerato Morekhure Action Society Sonke Gender Justice Western Cape Government (WCG) – Social Development Qina Mbokodo Law Faculty Trust Chair in Social Justice – Stellenbosch University Cosatu 2 46 4.

Committee consideration of the Criminal and Related Matters Amendment Bill [B 17B – 2020] (National Assembly – sec 75) The Select Committee received a briefing on the Bill on 23 June 2021 and thereafter advertised the Bill for written comment.
On 28 July 2021, the Select Committee received a further briefing from the Department of Justice and Constitutional Development on the written submissions and the Department’s response to said submissions.

Members were satisfied with the Department’s response to the written submissions and agreed to the adoption of the Bill without proposing any amendments.

5.
5.

Recommendation The Select Committee on Security and Justice, having considered the Criminal and Related Matters Amendment Bill [B 17B – 2020] (National Assembly – sec 75), referred to it on 3 June 2021 and classified by the JTM as a section 75 Bill, recommends the Council pass the Bill without proposed amendments.

Report to be considered.


3 47 ANNEXURE A SUMMARY OF SUBMISSIONS TO SELECT COMMITTEE ON SECURITY AND JUSTICE ON THE CRIMINAL AND RELATED MATTERS AMENDMENT BILL [B17B – 2020]; and RESPONSE BY DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Table 1 reflects general comments and the DOJCD’s response; and Table 2 provides a clause by clause summary of the submissions and the DOJCD’s response.
Table 1 NAME OF INSTITUTION/INDIVIDUAL COMMENTS/RECOMMENDATIONS DOJCD RESPONSE Persons who do not support the Bill S Miller, E du Pisanie, V Jordaan, A Gillespie, V Marais Persons who do not fully support the Bill B Enslin L McDonald R Badenhorst W Vorster Does not fully support, but argues that the protection of women and children should be improved.

Noted.
Noted.

The SAPS and DoJ&CD should do their jobs as mandated by the Constitution before attempting to bring in additional legislation which, won't be properly enforced either.

Noted.

The amendments are open to abuse since the accused will have to prove their innocence.

Legislation is not adequately enforced.

In criminal matters the State bears the onus of proof, and not the accused person.

Noted.
Persons who support the proposed amendments W Krüger, E Livingston, T Allen, S de Sousa, J Pelser, E Vetten, C J Singh, A Rossouw, S Silvis, C Solomons, N Singh, A van Eeden Eeden, P Lunt, A Nolan, L Steyn, G Joubert, M Watson, N Hutchinson, T Kreft, C Asals, D Esakov, A Joubert, A Booysen, C Britz, R van der Merwe, D de Klerk, P Notwana, M Garzola, C van Rensburg, M le Roux Persons who support the proposed amendments and examples of general comments 4 48 M Le Roux L Schoeman T Moleko O Morekhure Action Society Q Mbokoto More victims should be helped and offenders should be punished properly.
Proposes that Parliament should make sure laws can convict those guilty better.

Stricter rules, regulations and laws are required to protect South Africans.

Supports that stricter and tighter measures are put in place to prevent femicide.

Emphasises that women have the same rights as men.

The Noted.

extension of the services of intermediaries should contribute towards helping more victims to in participate court proceedings.
Expresses the view that “intermediary” is a broad term and there should be a proper explanation of roles/functions, their abilities, qualifications and knowledge they should have, the minimum years of experience required and their jurisdiction.

Noted.

Noted.

under Intermediaries are provided for in clauses 1, 8 and 18 of the Bill.
According to these provisions court may a a appoint competent an person as intermediary in order to enable a witness― the (i) biological or mental age of 18 years; (ii) who suffers from a physical, psychological, mental emotional condition; or (iii) who is an older person, to give evidence that through intermediary, if it appears to that the that court or 5 (a) Submits that the implementation of stricter laws pertaining to bail applications are likely to prevent perpetrators of GBV from exploiting legal loopholes to avoid imprisonment and will enforce new obligations on the police, prosecutors and the judiciary in their consideration of bail applications.
that being able to give (b) Submits television evidence via closed-circuit provides the added protection of not having to be in the same room as the perpetrator.

the victim with 49 R Mazibe Welcomes if a the requirement prosecutor does not oppose bail, that the reasons should be placed on record.

that Law Trust Chair in Social Justice Stellenbosch University Sonke Gender Justice Comments that “All things should founder for their violent.
And many more involving things that cost violence.so that allowing on everyone rights.”.

situation, should that (a) Supports the proposed amendments to or new sections— * 51B and 51C of the Magistrates’ Courts Act, 1944; * 59A, 69, 158, 161, 316B, Part II of Schedule 2, * Schedule 7 of the Criminal Procedure Act, 1977; * Parts II and III of Schedule 2 to the Criminal Law Amendment Act, 1997; and * 37B and 37C of the Superior Courts Act, 2013.
(b) Submits that the Bills do not explicitly mention violence against LGBTQIA+ citizens, and argues that Legislation on GBV excludes other oppressed minorities.

The reasonable restriction of police and prosecutor bail must be considered to ensure that provisions are not at odds with section 35(1)(f) of the Constitution.

proceedings would expose such a witness to undue psychological, mental or emotional stress, trauma or suffering if he or she testifies at such proceedings.
Further, before a person is appointed as an a intermediary officer judicial presiding over the proceedings enquire must the into competence of the person to be appointed as an intermediary.

The enquiry must include the person’s experience, qualifications, knowledge and abilities.

(a) Noted.

(b) Noted.

Noted.

6 50 Noted.

(a) Noted.


The (b) terminology, such as a victim, a witness a person with a disability, that is used in the Bill is neutral and therefore inclusive of members of the LGBTQIA+ community.

Noted.

NAME OF INSTITUTION/INDIVIDUAL COMMENTS/RECOMMENDATIONS DOJCD RESPONSE Table 2 Clause 1: Magistrates’ Courts Act, 1944: Proposed new sections— 51A.

Evidence through intermediaries in proceedings other than criminal proceedings 51B.

Oath and competency of intermediaries 51C.
Evidence through audiovisual link in proceedings other than criminal proceedings MEC Social Development: Section 57A(7)(d): (a) Paragraph (d) (a) The proposal 7 51 Western Cape be should be deleted or clarified by providing that only in circumstances where no other intermediary is available and the court is able to ensure that vulnerable witnesses undue will psychological, mental or emotional stress, trauma and suffering while giving evidence, can the court continue the the proceedings appointed intermediary.
the absence of protected from in (b) There consequence should be management for intermediaries who are absent without good cause.

Law Trust Chair in Social Justice Stellenbosch University Reference to “physical conditions” in the proposed new section 51A(1)(b) is too wide.

It is recommended that factors should be stipulated that must be taken into consideration.

is not supported.

Subsection (7)(d) should not be considered in isolation.
Subsection (7)(c) makes provision for the appointment of a “new” intermediary.

is It (b) that submitted proposed the subsection (6) which provides an for intermediary to be summoned to appear before a court is sufficient to ensure that intermediaries co-operate with the court.
should be It that noted subsection (1) affords the court the with to discretion decide, with reference to the witness’ undue psychological, metal or emotional stress, or trauma suffering, whether intermediary be should appointed or not.

an It is submitted 8 52 MEC Social Development: Western Cape Section 51B(3)(e): It is suggested that the term head of a court be clarified.
The term “most senior magistrate” is vague because it could refer to age or the time when the magistrate started service at the office.

it will be that difficult for the Legislature to stipulate factors that should be considered by the court in the case of a “physical It condition”.

may therefore be more appropriate to provide the with courts sufficient leeway to determine the presence of “physical conditions” on a case case by basis.

not It is to necessary define who a “head of court” is.
Reference to “head of a court” is a term that is in widely used legislation and is well established.

The term implies a judicial officer at any court who is responsible for the execution of duties certain associated with the functioning of the court.
MEC Social Development: Western Cape Proposes that a new section 51B be introduced in terms of which a court should be allowed on application or of its own accord to allow technology to be used as a communication tool to enable witnesses who, due to mental and physical conditions, are unable to give viva voce evidence.

The court should also be obliged to give reasons for allowing or the application.

Provide for refusing The proposal is not supported.
Alternative means to give evidence, other than viva voce, is generally recognised and is subject the discretion of the to 9 53 training of intermediaries in the use of augmentative technology.

to allow court this if it is in the interest of justice.

Section 51A deals with intermediaries and they are not persons with technical expertise operate technologies that enables a witness to communicate.
to Section 161 of Criminal the Procedure Act, is broad enough to allow for "other forms of non- verbal" communications as a medium to give evidence.

Technologies in this field develop at a rapid pace and may require a procedure for to the court the evaluate extent of autonomy of the witness to communicate as well the as reliability of the communications or received interpreted by experts.

This will be addressed in revision the process of the Criminal Procedure Act.
Clause 2: Proposed amendment of section 59 of the Criminal Procedure Act, 1977 10 54 MEC Social Development: Western Cape (a) Recommends that subsection (1)(a)(ii) be amended by the inclusion of the words “with whom the accused is or has been in a domestic relationship”.
(b) A subparagraph (iv) should be inserted as follows: “(iv) with an element of violence committed while the accused is or was a sentenced offender placed under correctional supervision, day parole, parole or medical parole as contemplated in section 73 of the Correctional Services Act, 1998, in respect of an offence committed with an element of violence.”.
Sonke Gender Justice COSATU the requirement Supports the prosecutor should be required to put the reasons for not opposing bail on record in cases of domestic violence.

that Supports the proposal to tighten bail conditions and argues that there should be clear stipulation of cases and conditions where bail should not be granted.
is (a) It submitted that the definition of “domestic relationship”, as reflected in the Domestic Act, Violence is 1998, sufficient to include “existing previous” and relationships.

It is not necessary the to insert as words proposed.

is (b) It that submitted the of ambit subparagraph (i), namely, “an offence referred to in Part II or III of Schedule 2” to the Act is wide enough to cover the proposal.

The inclusion of subparagraph (iv) is therefore not necessary.

Noted.
Noted.

The principal Act already provides for circumstances where police or bail prosecutor may be not granted.

The Bill seeks to provide for additional circumstances where police or 11 55 bail prosecutor may be not granted, namely, the where in accused is custody for an offence against a person who is in domestic a relationship with such an accused or for a contravening protection order that was obtained against the to accused protect the victim the against accused.
The principal Act and proposed the amendments in the Bill contain provisions relating to factors which a court must into take when account hearing bail applications.
Clause 3: Proposed amendment of section 59A of the Criminal Procedure Act, 1977 Law Trust Chair in Social Justice Stellenbosch University Proposes that an accused person should be psychiatrically evaluated as soon as possible after arrest, but before first appearance, for a bail application to determine factors that could have an effect on the person having committed the offence and information be captured for data purposes and that the report be submitted to the DPP for bail proceedings.
that the The proposal is supported.

not The feasibility of is the proposal It questioned.

should be kept in mind the that psychiatric evaluation of a person is not necessarily something that can be concluded within 48 hours arrest, after the which is 12 56 general norm for the first appearance of the alleged offender.
to regard the possible The Department is also concerned a with of number unintended consequences associated with the regard proposal, among others— * unjustifiable limitation of the alleged offender’s section 35 rights (such as the right to remain silent to be and not to compelled a make confession or admission); * whether State sufficient resources and (human financial) to ensure a proper evaluation and reporting within the standard 48 hours.
the has The Department is further of the view the that proposal does not the fall within ambit of the Bill not and is that something should be considered without 13 57 with comprehensive research, specific reference to the administration of justice, the rights alleged of victims and alleged offenders, having been conducted in this regard.
Clause 4: Proposed amendment of section 60 of the Criminal Procedure Act, 1977 MEC Social Development: Western Cape It is recommended that paragraph (b) be amended to promote the right of the victim or complainant under section 60(2A)(b) to present their views to the court and accommodates the kind of constraints that victims may be subject to.

The proposal is not supported.


Paragraph (b) is and clear to unambiguous that the extent is court the obliged take to view any expressed by an alleged victim into account.

It is submitted that the Legislature should not be too prescriptive in this regard and allow the courts to exercise its discretion in this regard.

Clause 7: Proposed amendment of section 161 of the Criminal Procedure Act, 1977 Sonke Gender Justice The proposed wording in 2(a) should be amended to include “sign language and gestures”.
It is submitted that reference to “gesture- language” in paragraph (a) is sufficient to cater those for instances where a lacks a person 14 58 sense of hearing or the ability to speak.

The term is wide used to enough include “sign language”.

It is submitted that the wording used in the paragraph is and clear unambiguous.
Clause 8: Proposed amendment of section 170A of the Criminal Procedure Act, 1977 MEC Social Development: Western Cape It is also recommended that (a) consideration be given to provide for instances where certain witnesses are not able to give viva voce evidence, but would require an intermediary and the use of technology as a tool of communication.

(a) See response in of respect clause 1 above.

(b) With regard to clause 8(d) it is recommended that the term “most senior judicial officer” be defined.
Law Trust Chair in Social Justice Stellenbosch University that Recommends factors should be stipulated to clarify what would qualify as a “physical condition”.

(b) See response in of respect clause 1 above.

Please response clause 1 above.


to under refer Clause 9: Proposed amendment of section 299A of the Criminal Procedure Act, 1977 MEC Social Development: Western Cape (a) It is recommended that provision be made for a representative of the victim to to make attend parole hearings or representations the behalf complainant.
on of (b) It is recommended that an obligation be placed on the sentencing court in matters subject to section 299A to enquire from the prosecutor, in the absence of the victim, as to the efforts that have been made to secure the victim’s attendance at court.

(a) Section 229A for provides persons other than the victim (i.e relatives) to informed of be the right to be present and make presentations when parole considered.
is (b) This proposal is not supported, a prosecutor as a matter of course 15 59 led always determines whether evidence in will be of aggravation and sentence, deals with a matter accordingly.

The proposal is not supported.

It is questionable whether it would to be feasible introduce a sentencing which option does not apply equally all offenders (with specific reference to the circumstances under which the was offence committed).

Noted.
Noted.

to Law Trust Chair in Social Justice Stellenbosch University Recommends that in the event where an offence was committed against a victim who is a student at a tertiary institute the justice a imposition of programme should be considered in addition to or in the place of a sentence to be imposed by the court.

restorative Sonke Gender Justice Supports the notion that victims must be heard during parole processes.

Supports the proposed amendment of section 299A of the Criminal Procedure Act, 1977.
Clause 18: Proposed new sections 37A, 37B and 37C of the Superior Courts Act, 2013 MEC Social Development: Western Cape (a) See response of respect in clause 1 above.
no that only (a) Paragraph (d) should be deleted or in clarified by providing circumstances other where intermediary is available and the court is able to ensure that vulnerable witnesses undue will psychological, mental or emotional stress, trauma and suffering while giving evidence, can the court continue the the proceedings appointed intermediary.

the absence of protected from be in (b) There consequence should be management for intermediaries who are absent without good cause.
(b) See response of respect in clause 1 above.

16 60 Law Trust Chair in Social Justice Stellenbosch University that Recommends factors should be stipulated to clarify what would qualify as a “physical condition”.

refer Please response clause 1 above.

to under Clauses 15, 16 and 17: Proposed amendment of Parts I, II and III of the Criminal Law Amendment Act, 1997 Sonke Gender Justice (a) Supports the proposed amendment of Parts I, II and III of Schedule 2 to Act 105 of 1997.
(b) However, it is re-iterated that there is very little research available that indicates that an increase in severity of punishment in fact deters crime.

(a) Noted.

(b) Noted.

COSATU Supports sentences.

the increase of minimum Noted.

17 61